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Articles 1 - 30 of 31
Full-Text Articles in Law
Let Ivf Take Its Course: Reconceiving Procreative Liberty For The Twenty-First Century, Christine E. White
Let Ivf Take Its Course: Reconceiving Procreative Liberty For The Twenty-First Century, Christine E. White
Student Articles and Papers
No abstract provided.
Constructing Constitutional Politics: The Reconstruction Strategy For Protecting Rights, Mark A. Graber
Constructing Constitutional Politics: The Reconstruction Strategy For Protecting Rights, Mark A. Graber
Faculty Scholarship
No abstract provided.
Untrodden Ground: How Presidents Interpret The Constitution, Harold H. Bruff
Untrodden Ground: How Presidents Interpret The Constitution, Harold H. Bruff
Schmooze 'tickets'
No abstract provided.
Democratizing The Executive, Bernadette Meyler
Democratizing The Executive, Bernadette Meyler
Schmooze 'tickets'
No abstract provided.
Long Wars And The Constitution, Stephen M. Griffin
Long Wars And The Constitution, Stephen M. Griffin
Schmooze 'tickets'
No abstract provided.
Standing For The Structural Constitution, Aziz Z. Huq
Standing For The Structural Constitution, Aziz Z. Huq
Schmooze 'tickets'
No abstract provided.
The Emergency Powers Of The Judiciary, Or Necessity And German Constitutionalism, Jacqueline R. Hunsicker
The Emergency Powers Of The Judiciary, Or Necessity And German Constitutionalism, Jacqueline R. Hunsicker
Schmooze 'tickets'
No abstract provided.
Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions, 2013 Edition, Garrett Power
Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions, 2013 Edition, Garrett Power
Book Gallery
This electronic book is published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland Francis King Carey School of Law. It is an “open content” casebook intended for classroom use in courses in Constitutional Law, Land Use Control, and Environmental Law and. It consists of 130 odd judicial opinions (most rendered by the U.S. Supreme Court) carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. The text considers both the personal right to liberty and the personal right in property. …
A Constitutional Theory Of Habeas Power, Lee B. Kovarsky
A Constitutional Theory Of Habeas Power, Lee B. Kovarsky
Faculty Scholarship
Modern habeas corpus law generally favors an idiom of individual rights, but the Great Writ’s central feature is judicial power. Throughout the seventeenth-century English Civil Wars, the Glorious Revolution, and the war in the American colonies, the habeas writ was a means by which judges consolidated authority over the question of what counted as 'lawful' custody. Of course, the American Framers did not simply copy the English writ—they embedded it in a Constitutional system of separated powers and dual sovereignty. 'A Constitutional Theory of Habeas Power' is an inquiry into the newly minted principle that the federal Constitution guarantees some …
Neurotechnologies At The Intersection Of Criminal Procedure And Constitutional Law, Amanda C. Pustilnik
Neurotechnologies At The Intersection Of Criminal Procedure And Constitutional Law, Amanda C. Pustilnik
Faculty Scholarship
The rapid development of neurotechnologies poses novel constitutional issues for criminal law and criminal procedure. These technologies can identify directly from brain waves whether a person is familiar with a stimulus like a face or a weapon, can model blood flow in the brain to indicate whether a person is lying, and can even interfere with brain processes themselves via high-powered magnets to cause a person to be less likely to lie to an investigator. These technologies implicate the constitutional privilege against compelled, self-incriminating speech under the Fifth Amendment and the right to be free of unreasonable search and seizure …
The Coming Constitutional Yo-Yo? Elite Opinion, Polarization, And The Direction Of Judicial Decision Making, Mark A. Graber
The Coming Constitutional Yo-Yo? Elite Opinion, Polarization, And The Direction Of Judicial Decision Making, Mark A. Graber
Faculty Scholarship
This Article offers a more sophisticated account of elite theory that incorporates the crucial insights underlying claims that Justices with life tenure will protect minority rights and claims that the Supreme Court follows the election returns. Put simply, the direction of judicial decision making at a given time reflects the views of the most affluent and highly educated members of the dominant national coalition. The values that animate the elite members of the dominant national coalition help explain the direction of judicial decision making for the last eighty years. During the mid-twentieth century, most Republican and Democratic elites held more …
A Shattered Looking Glass: The Pitfalls And Potential Of The Mosaic Theory Of Fourth Amendment Privacy, David C. Gray, Danielle Keats Citron
A Shattered Looking Glass: The Pitfalls And Potential Of The Mosaic Theory Of Fourth Amendment Privacy, David C. Gray, Danielle Keats Citron
Faculty Scholarship
On January 23, 2012, the Supreme Court issued a landmark non-decision in United States v. Jones. In that case, officers used a GPS-enabled device to track a suspect’s public movements for four weeks, amassing a considerable amount of data in the process. Although ultimately resolved on narrow grounds, five Justices joined concurring opinions in Jones expressing sympathy for some version of the “mosaic theory” of Fourth Amendment privacy. This theory holds that we maintain reasonable expectations of privacy in certain quantities of information even if we do not have such expectations in the constituent parts. This Article examines and …
The Supreme Court, Cafa, And Parens Patriae Actions: Will It Be Principles Or Biases?, Donald G. Gifford, William L. Reynolds
The Supreme Court, Cafa, And Parens Patriae Actions: Will It Be Principles Or Biases?, Donald G. Gifford, William L. Reynolds
Faculty Scholarship
The Supreme Court will hear a case during its 2013-2014 term that will test the principles of both its conservative and liberal wings. In Mississippi ex rel. Hood v. AU Optronics Corp., Justices from each wing of the Court will be forced to choose between the modes of statutory interpretation they usually have favored in the past and their previously displayed pro-business or anti-business predispositions. The issue is whether the defendant-manufacturers can remove an action brought by a state attorney general suing as parens patriae to federal court. Beginning with their actions against tobacco manufacturers in the mid-1990s, state …
Private-Rights Litigation And The Normative Foundations Of Durable Constitutional Precedent, Maxwell L. Stearns
Private-Rights Litigation And The Normative Foundations Of Durable Constitutional Precedent, Maxwell L. Stearns
Faculty Scholarship
This chapter advances a simple thesis that runs counter to much public-law scholarship. Holding all else constant, the more difficult, or costly, constitutional rulings are to obtain, the more durable the resulting precedent; conversely, the easier, or cheaper, such rulings are to obtain, the less durable the resulting precedent. Most public-law scholarship implicitly rests on the opposite premise that the relative ease or difficulty of obtaining constitutional rulings should correlate positively, not negatively, with the relative importance or unimportance of the asserted right. Within a public-rights adjudicatory model, important constitutional rights justify relaxing traditional constraints on constitutional decisionmaking, including ripeness, …
Grains Of Sand Or Butterfly Effect: Standing, The Legitimacy Of Precedent, And Reflections On Hollingsworth And Windsor, Maxwell L. Stearns
Grains Of Sand Or Butterfly Effect: Standing, The Legitimacy Of Precedent, And Reflections On Hollingsworth And Windsor, Maxwell L. Stearns
Faculty Scholarship
One test of whether a scholarly work has achieved canonical status is to ask respected scholars in the field which works, setting aside their own, are essential reads. William Fletcher’s article, The Structure of Standing, now in its twenty-fifth year, would almost certainly emerge at the top of any such lists among standing scholars. And yet, while many at this conference have built upon Fletcher’s insights, there remains notable disagreement concerning standing doctrine’s normative foundations. The central dispute concerns whether standing doctrine should be celebrated as furthering a “private-rights,” or instead, condemned as thwarting a “public-rights,” adjudicatory model.
In a …
Stop Terry : Reasonable Suspicion, Race, And A Proposal To Limit Terry Stops, Renée M. Hutchins
Stop Terry : Reasonable Suspicion, Race, And A Proposal To Limit Terry Stops, Renée M. Hutchins
Faculty Scholarship
The Terry doctrine, which grants a police officer the authority to stop and frisk based on his or her reasonable suspicion rather than probable cause, was created by the Supreme Court at a time when the nation con- fronted a particular moment of violent racial strife. Since Terry was decided, the Supreme Court has continued to expand the reach of the doctrine—which opened the door for potential abuse. Existing data is increasingly proving that the loosening of constitutional standards is causing substantial harms to people of color nationwide. This article joins the existing scholarly discussion surrounding this decision to suggest …
Lincoln, The Emancipation Proclamation, And Executive Power, Henry L. Chambers Jr.
Lincoln, The Emancipation Proclamation, And Executive Power, Henry L. Chambers Jr.
Maryland Law Review
No abstract provided.
The Best Of Both Worlds: Applying Federal Commerce And State Police Powers To Reduce Prescription Drug Abuse, Michael C. Barnes, Gretchen Arndt
The Best Of Both Worlds: Applying Federal Commerce And State Police Powers To Reduce Prescription Drug Abuse, Michael C. Barnes, Gretchen Arndt
Journal of Health Care Law and Policy
No abstract provided.
How Equal Protection Did And Did Not Come To The United States, And The Executive Branch Role Therein, Leslie F. Goldstein
How Equal Protection Did And Did Not Come To The United States, And The Executive Branch Role Therein, Leslie F. Goldstein
Maryland Law Review
No abstract provided.
Obama Administration’S Non-Defense Of Doma And Executive Duty To Represent, Kathleen Tipler
Obama Administration’S Non-Defense Of Doma And Executive Duty To Represent, Kathleen Tipler
Maryland Law Review
No abstract provided.
The Court’S Decisive Hand Shapes The Executive’S Foreign Affairs Policymaking Power, Kimberley L. Fletcher
The Court’S Decisive Hand Shapes The Executive’S Foreign Affairs Policymaking Power, Kimberley L. Fletcher
Maryland Law Review
No abstract provided.
Implications Of The President’S Appointment Power, Peter E. Quint
Implications Of The President’S Appointment Power, Peter E. Quint
Maryland Law Review
No abstract provided.
The Commerce Clause And Executive Power: Exploring Nascent Individual Rights In National Federation Of Independent Business V. Sebelius, Ronald Kahn
Maryland Law Review
No abstract provided.
Passive-Aggressive Executive Power, Corinna Barrett Lain
Passive-Aggressive Executive Power, Corinna Barrett Lain
Maryland Law Review
No abstract provided.
Brown V. Entertainment Merchants Association: "Modern Warfare" On First Amendment Protection Of Violent Video Games, Jessica Fisher
Brown V. Entertainment Merchants Association: "Modern Warfare" On First Amendment Protection Of Violent Video Games, Jessica Fisher
Journal of Business & Technology Law
No abstract provided.
The Declaration Of Independence As Canon Fodder, Mark A. Graber
The Declaration Of Independence As Canon Fodder, Mark A. Graber
Faculty Scholarship
No abstract provided.
Foreword: Executive Power: From The Constitutional Periphery To The Constitutional Core, Mark A. Graber
Foreword: Executive Power: From The Constitutional Periphery To The Constitutional Core, Mark A. Graber
Maryland Law Review
No abstract provided.
Blurring The Lines: The Continuities Between Executive Power And Prerogative, Clement Fatovic
Blurring The Lines: The Continuities Between Executive Power And Prerogative, Clement Fatovic
Maryland Law Review
No abstract provided.
The Dangerous Fantasy Of Lincoln: Framing Executive Power As Presidential Mastery, Julie Novkov
The Dangerous Fantasy Of Lincoln: Framing Executive Power As Presidential Mastery, Julie Novkov
Maryland Law Review
No abstract provided.
Perry V. New Hampshire: Abandoning The Supreme Court's Fundamental Concern With Eyewitness Reliability, Shaun Gates
Perry V. New Hampshire: Abandoning The Supreme Court's Fundamental Concern With Eyewitness Reliability, Shaun Gates
Maryland Law Review
No abstract provided.